In this blog, we discuss the different formats of Mental Capacity Assessments and Best Interest Assessments. We also signpost to a range of different forms related to the Mental Capacity Act (2005) that will be of use to assessors.
Read More »Assessment Formats and Related FormsMental Capacity is time and decision specific. For this reason, it is absolutely vital to keep the assessment of capacity focused on the matter at hand, and not to deviate from the central topic, or include irrelevant information that might cause distractions or misunderstandings. Otherwise, the assessor might inadvertently ‘sabotage’ the person’s ability to frame the relevant information and make a decision.
Read More »Important reminder: Keep to the assessment!
Parfitt v Jones [2025] EWHC 1552 is a really interesting case, with some important lessons on the subject of retrospective Testamentary Capacity. For any professional working in this area, it is a must read.
The case concerns Mrs Mary Wadge, a widow who passed away in 2018, at the age of 85, leaving a Will (dated 2008 and drawn up with Solicitors) naming one of her daughters, Carolyne, and HSCBC Trust Company UK Ltd as executors. The contents of the Will were challenged by one of her daughters (Vicky) and her son’s widow (Svetlana).
Read More »Retrospective Testamentary Capacity: Lessons from case law
When conducting a Mental Capacity Assessment, the assessor is required to take care and consideration of the person being assessed. This includes making sure that the assessment is accessible, and that reasonable adjustments are made to aid the individual’s understanding and retention.
Read More »Who can be present during a Mental Capacity Assessment?
During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.
Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.
Read More »Mental Capacity Assessments: Face-to-Face or Remote?A Best Interest Decision is the step that is taken if a person is found to lack mental capacity for a specific decision at a specific time. It is not a single action, but rather a dynamic process that aims to uphold the individual’s rights, keeping their thoughts, feelings, beliefs and values at its heart, while also consulting with all relevant parties to weigh up the viable options.
Read More »Best Interest Decisions in everyday practice: Part 1Litigation capacity is a person’s ability to conduct legal proceedings. It is a dynamic and longitudinal process, requiring active understanding, retention and use of salient information to weigh up related decisions and give direction to a legal representative.
Read More »What is litigation capacity and why is it important?
The term ‘insight’ is often used by health and care professionals. For example, it may be recorded that a person ‘lacks insight’ into their toileting personal care needs. By which, the professional may be seeking to state (in a diplomatic way) that the person does not recognise when they have been incontinent.
The term is also used in other contexts in the care setting as well. For example, that a person may ‘lack insight’ into their mobility as a result of their dementia. By which the professional may be indicating that the individual’s falls are due to their impaired short-term memory and orientation, and that they are not able to process that their movements have deteriorated due to their Parkinson’s-related dementia which is causing them to have increased falls.
Read More »Mental Capacity and Insight
In the Court of Appeal case of Re Sudiksha Thirulamesh (dec’d) (2024, EWCA Civ 896), the concept of a person’s belief on decision-making was brought to the forefront. For all assessors of Mental Capacity, this case is highly recommended reading.
Read More »Mental Capacity and the role of ‘belief’ in decision-making
When conducting a Mental Capacity Assessment it is vital to understand the salient information relevant to this case. Put simply, ‘salient information’ is the relevant information that is required in order for the relevant person to be able to demonstrate capacity for the specific decision being addressed.
To help illustrate this point, we have two case studies that consider two separate decisions: whether to install bed rails, and whether to smoke.
Read More »What is ‘salient information’?